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December 22, 2004
as posted
in 5 daily Maine newspapers
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NOTICE OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules
Notices are published
each Wednesday to alert the public regarding state agency rule-making.
You may obtain a copy of any rule by notifying the agency contact person.
You may also comment on the rule, and/or attend the public hearing.
If no hearing is scheduled, you may request one -- the agency may then
schedule a hearing, and must do so if 5 or more persons request it.
If you are disabled or need special services to attend a hearing, please
notify the agency contact person at least 7 days prior to it. Petitions:
you can petition an agency to adopt, amend, or repeal any rule; the
agency must provide you with petition forms, and must respond to your
petition within 60 days. The agency must enter rule-making if the petition
is signed by 150 or more registered voters, and may begin rule-making
if there are fewer. You can also petition the Legislature to review
a rule; the Executive Director of the Legislative Council (115 State
House Station, Augusta, ME 04333, phone 207/287-1615) will provide you
with the necessary petition forms. The appropriate legislative committee
will review a rule upon receipt of a petition from 100 or more registered
voters, or from "...any person who may be directly, substantially and
adversely affected by the application of a rule..." (Title 5 Section
11112). World-Wide Web: Copies of the weekly notices and the full texts
of adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.
PROPOSALS
AGENCY:
02-031 - Department of Professional and Financial Regulation, Bureau
of Insurance
RULE TITLE OR SUBJECT: Ch. 945, Annual Report Supplement for
Health Insurers
PROPOSED RULE NUMBER: 2004-P196 (revised)
CONCISE SUMMARY: A public hearing on the proposed rule was held on July
20, 2004. Initially a public comment period remained open until July
30, 2004.
The Attorney General has notified the Superintendent that subsection
3(B) of the proposed rule does not comply with 24-A MRSA §423-D which
mandates annual reporting by "each health insurer and health
maintenance organization." (Emphasis added.) Proposed rule subsection
3(B) impermissibly exempts certain insurers from the mandatory reporting
established by the Legislature. Accordingly, the Superintendent has
modified the proposed rule to include mandatory reporting by all applicable
insurers. The Superintendent considers the revisions a substantial change
from the proposed rule thereby requiring a new comment period. The deadline
for submitting comments on the proposed changes made to address the
Attorney General's concerns is January 21, 2005, All earlier comments
submitted regarding other provisions of the rule remain under advisement
by the Superintendent.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 24-A MRSA §§ 212 and 423-D
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: January 21, 2005
AGENCY CONTACT PERSON: Linda Gomeau, Maine Bureau of Insurance, 34 State
House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8491
ADOPTIONS
AGENCY:
18-125 - Department of Administrative and Financial Services, Bureau
of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations
- 2005
ADOPTED RULE NUMBER: 2004-577
CONCISE SUMMARY: This rule fulfills the requirement that the Executive
Director annually establish the 100% valuations per acre for each forest
type by economic region for parcels classified under the Tree Growth
Tax law. This rule is applicable for tax year 2005.
EFFECTIVE DATE: December 7, 2004
AGENCY CONTACT PERSON: Larry Record, Director
ADDRESS: Property Tax Division, PO Box 9106, Augusta, Maine 04332-9106
PHONE NUMBER: (207) 287-2013
AGENCY:
02-031 - Department of Professional & Financial Regulation, Bureau
of Insurance
CHAPTER NUMBER AND TITLE: Ch. 235, Annual Audited Financial Reports
ADOPTED RULE NUMBER: 2004-582
CONCISE SUMMARY: This Rule is adopted by the Superintendent of Insurance
pursuant to 24 MRSA §2317(2) and 24-A MRSA §§ 212, 221-A(5), and 4218,
in order to ensure that the annual audited financial reports required
pursuant to 24-A MRSA §221-A and other applicable provisions of the
Maine Insurance Code are prepared in compliance with the standards established
by the National Association of Insurance Commissioners.
EFFECTIVE DATE: December 18, 2004
AGENCY CONTACT PERSON: Robert A. Wake
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta, ME 04333
Phone: (207) 624-8430
AGENCY:
02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 7, Standards for Educational Programs
in Nursing
ADOPTED RULE NUMBER: 2004-583
CONCISE SUMMARY: 1) The amendment provides for an alternative mechanism
to the site visit for the Board to survey nursing programs; 2) The process
for taking the licensure examination for recent graduates in nursing
educational programs is updated.
EFFECTIVE DATE: December 19, 2004
AGENCY CONTACT PERSON: Myra A. Broadway
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133
© Department
of the Secretary of State
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